Stockton Injury Lawyer Blog

In a case that has garnered national attention, the Sacramento Superior Court has determined that a $14.5 million wrongful death lawsuit may proceed. At issue is a violent attack that occurred in an Oak Park group home. In 2008, a conservator made the decision to place a paranoid schizophrenic with a 20-year history of violence in the home. Months later, the man hit an employee over the head with a wooden chair, fatally injuring her. He also violently attacked the woman's husband, leaving him with serious brain injuries.

Most recently, Sacramento County has claimed that the county is entitled to immunity from the civil lawsuit, but Superior Court Judge Rudolph Loncke rejected this argument, stating that either a jury or an appellate court must make the decision whether the county and the conservator had a duty to warn the group home operators.

Under California negligence law, a "duty of care" exists where an individual is required to follow a certain standard of reasonable care when acting in a way that might foreseeably harm others. Where a duty of care exists, a person or entity may be found negligent if they breach that duty of care and harm occurs. In some instances, a duty is already established by case law or statutory law.

The question of negligence is complicated and may be the foundation of many different types of personal injury and wrongful death lawsuits. From car accidents, to premises liability, to product liability - determining whether another person or entity is negligent is key to allowing you to recover for your injuries. An experienced Stockton personal injury attorney can evaluate your claim and determine your next steps.

Continue reading "Sacramento Wrongful Death Lawsuit Raises Question Of Duty In Sibarani v. Sacramento" »

According to the San Francisco Examiner, the family of a 23-year-old woman killed in a fatal Muni bus accident in August plans to file a personal injury lawsuit this week. Emily Dunn died in the pedestrian accident after a Muni shuttle bus hit her while crossing the street. Reports indicate that the bus driver was driving on the wrong side of the street.

If you or a loved one has been injured in an accident, it is important to speak to an experienced California accident law firm promptly to protect your rights and determine your next steps. A knowledgeable Stockton personal injury lawyer can provide critical advice concerning your personal injury questions and what to do after an accident.

Unfortunately pedestrian accidents are far too common. The National Highway Traffic Safety Association (NHTSA) estimates that nearly 80,000 pedestrians are struck each year by motor vehicles resulting in serious injuries. Nearly 5,000 of these accidents result in wrongful death. Many times, these accidents occur where the pedestrian has the right-of-way, is crossing at a cross-walk and obeying all traffic signals. An accident may occur because of driver negligence, such as where a driver is distracted, is speeding or has drinking. Other times, an accident occurs due to a condition of the road itself - such as where the design of the sidewalk is unsafe, debris blocks safe passage, defective roadway design or poor property maintenance.

Continue reading "Personal Injury Lawsuit To Be Filed Against Muni In Death Of San Francisco Woman" »

A recent case out of the Ninth Circuit, which includes California, examined the duty of a cruise ship to warn passengers of dangerous conditions. In Samuels v. Holland American Line - USA Inc, et al. an injured passenger sued the cruise ship line Holland American. The passenger asserted that the cruise line had a duty to warn him of the dangers conditions that he might encounter swimming on the Pacific Ocean side of Lover's Beach located in Mexico's Baja peninsula.

In many situations, if you suffer injuries as the result of the carelessness or recklessness or others, you may be able to recover compensation such as medical expenses, lost wages, pain and suffering and in some cases punitive damages. If you have suffered any personal injury it is important to speak to a Stockton personal injury attorney immediately to discuss your options and determine your next steps.

Here a passenger of Holland American Line, Gerald E. Samuels, was seriously injured while on a seven-day cruise. While the cruise ship was anchored in Cabo San Lucas, Samuels and his family visited nearby Lover's Beach and began to play in the waves. Samuels had asked several Holland staff members regarding the safety of swimming at Lover's Beach and had been assured that it was safe to visit.

After initially swimming in the Sea of Cortez, Samuels then proceeded to swim on the Pacific Ocean side of the beach. According to his observations, the waves weren't particularly rough. However, as soon as Samuels entered the ocean he remembered feeling a "tremendous pull up and back and then being upside down." Samuels struck his head on the ocean floor and sustained severe neurological damage. He was carried ashore by bystanders and is now classified as a "high-functioning quadriplegic."

Samuels subsequently sued the cruise line alleging a failure to warn of the dangerous conditions, specifically that the cruise ship's staff should have warned him of the dangers of swimming on the Pacific Ocean side of the back and that had he been warned he would not have entered the ocean.

Continue reading "Ninth Circuit Reviews Failure To Warn In Samuels v. Holland " »

The Sacramento Bee reports that a crane collapsed at a small Sacramento area amusement park. Two workers were injured in the accident. Safety officials have been called to investigate the workplace accident.

If you have been injured in any type of accident - such as an amusement park accident or workplace accident - it is important to speak to a knowledgeable Stockton personal injury lawyer to discuss the incident and protect your right to obtain compensation.

Here, two workers were working on the towering Scandia Screamer ride when the crane they were on, as well as part of the ride, fell over. The accident left two park employees dangling by safety harnesses, badly injuring one. The crane operator - who was not a park employee - also suffered personal injuries.

Where workplace accidents occur, many issues of liability arise. In some instances, those injured may file worker's compensation claims against their employer, regardless of fault. In these situations, workers are paid a percentage of their salary to cover disability payments. Employers are shielded from civil lawsuits, but the payments workers receive are often too low to fully cover medical bills and other expenses. In other situations, it may be possible to file a civil lawsuit against a third party - such as a contractor who was on the work site or a manufacturer of faulty equipment - in order to obtain adequate payment. In a third party lawsuit you may be able to recover pain and suffering, medical expenses, future damages and enjoyment of life.

Continue reading "Amusement Park Accident Under Investigation" »